Can I answer/attend my NH divorce via phone if I am an out of state respondent? If so, what forms do I need to file?

Divorce 2 views 3 answers
Can I file everything via mail? I live out of state, I am the respondent, I agree with everything, I just want to make sure no changes are made and everything we agreed upon will go forth. I would like to "appear" by phone.

Attorney Answers

3
Anna M. ZimmermanDivorce / Separation LawyerManchester, NH ·
You can file a Motion to Appear Telephonically (you would file for each hearing). If your spouse agrees that you can appear by phone, this would be filed as as "Assented to Motion to Appear Telephonically" and you would note that you had discussion and it was agreed that you could call in to the hearing. File now so you have a ruling before your hearing date.
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Kevin Rauseo ·
If you and your spouse have an agreement, then you may file all the paperwork with the court and request that the court waive the hearing so that neither party will appear and the court will review the documents without a hearing. You will need to file financial affidavits ( both parties), Stipulated Final Decree, and a Vital Statistics form. If there are minor children you will also need to file a Stipulated Parenting Plan and a Uniform Support Order. Best wishes.
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Christopher J. GarnerDivorce / Separation LawyerNashua, NH ·
You should first file an appearance or a paper form indicating that you are representing yourself and giving the Court your contact information. At the same time you file the appearance you can also file a motion to appear telephonically for any hearing that may be scheduled in the case. Forms are available on the Court website. To the extent that you and your husband are in agreement with all the issues in the case you can both file an agreed upon final decree and waive any need to have a hearing. Depending upon what the issues in the case are you may want to consult with an attorney to make sure you are understanding and protecting your rights in the case.
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